Family of student with autism asks judge to decide if child can attend class unmasked
A child with autism whose pediatrician explained he should be exempt from wearing a mask at preschool during the novel coronavirus pandemic is the subject of a lawsuit filed Monday in U.S. District Court, Pittsburgh.
The 4-year-old child, identified in the suit only as B.J., is enrolled in a Blueprints preschool operated under the auspices of Intermediate Unit I, which includes Washington, Greene and Fayette counties.
The suit does not identify the location of the preschool, but it says the child began attending the Blueprints program last month.
“B.J.’s pediatrician has explained in writing that it is not realistic to expect B.J. to be able to wear a mask full-time due to his autism diagnosis,” according to the suit.
Blueprints is conducting the preschool based on what is known as the hybrid model, meaning there are two days of in-person attendance during which masks are required, and three days of virtual instruction.
While at the school, B.J. sometimes tried to escape from the classroom, did not engage in assigned tasks, threw toys or removed his mask, according to attorneys Jonathan D. Steele and Christopher N. Elnicki.
At the end of September, B.J.’s parent, identified only as A.J., was asked to attend a meeting about the child’s education needs, known as an individual education plan.
The parent was told by two behavioral specialists B.J. could no longer participate in class in person, and would have to attend the entire program virtually “because B.J. was unable to wear his mask for the entire school day.”
B.J.’s mother sought clarification from the director of the Blueprints program, who confirmed he would be required to wear a mask, subject to “mask breaks,” while at the school.
The suit claims the preschool incorrectly cited the state Department of Health for the premise that all students must be masked, and “fails to acknowledge that students with disabilities and mental health conditions are exempt from the face-covering mandate, should those disabling conditions interfere with their ability to wear a mask.”
The youngster has not been able to attend school in person for several weeks.
Because Blueprints and Intermediate Unit I receive money from the federal government, the suit asserts he is covered by the Americans with Disabilities Act and that his federally protected rights are being violated.
The family’s attorneys asked the court to issue a preliminary injunction that would permit B.J. to attend Blueprints’ class without a face covering, which they said “is consistent with … Pennsylvania’s mask mandate, which includes an exception for individuals with disabilities.”
They also asked that his family be compensated for the educational benefit he lost while he was unable to attend the program in person. They are seeking attorneys’ fees and costs.
Dr. Donald W. Martin, executive director of Intermediate Unit I, based in Coal Center, replied to an email inquiry about the court filing, “At this point, I have no comment, as we have not had an opportunity to review this suit.”
Darlene J. Bigler, chief executive officer of Blueprints, formerly known as Community Action Southwest, wrote, “I am not aware of any court filings related to Blueprints.
“Regarding mask wearing, it is our policy, following (federal Centers for Disease Control) guidelines, that all adults and children over the age of 2 wear masks while involved in our early-learning programs, both Head Start and Pre K Counts.
“In order to protect the health of our staff and children, we offer virtual services as an alternative for any child over age 2 who is unable or unwilling to wear a mask.”